Marital Interests in Maine

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Overview

A non-titled spouse in Maine should join in a conveyance under two circumstances: (1) there is a pending divorce between the owners, and (2) the conveyance is not an arm's length transaction. A non-titled spouse does not need to join in a security instrument if it is a bona fide mortgage deed.

Community Property

N/A.

Curtesy

N/A.

Dower

N/A.

Homestead

N/A.

Statutory Rights

Maine recognizes statutory marital interest in real property for non-titled (nonowner) spouses under limited circumstances. The signature of a non-titled spouse is usually not required to convey title. Me. Rev. Stat. tit. 33, § 480. A non-titled spousal signature is only required when there is a pending divorce or a non-bona-fide conveyance is being made during the marriage. Id. The signature of a non-titled spouse is not required on any bona fide mortgage. Id.

Cross-References